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BizAttorney, Attorney

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Experience: Over 12 years of business and legal experience.

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I had my drivers license suspended after refusing a second

Resolved Question:

I had my drivers license suspended after refusing a second chemical test for DWI in Missouri. I have met all the requirements for treatment, jail time, and had my license suspended now for over 2 years. I am moving to Arizona and would like to get a license that I need to get to work for a new job and to take my kids to school. I understand that AZ DUI laws are not a strict (length of suspension). How do I go about figuring out if I can get a license in AZ?

First you need to call the Arizona DMV in the city where you will live.

Customer:

and?

BizAttorney :

In AZ your second (or subsequent) conviction will result in at least 90 days of jail time, at least $500 in fines, and you'll lose your license for a whole year. Community service, educational courses, and an ignition interlock device (see below) might also be part of your sentence. So since you have not had your license for 2 years, that should be sufficient in AZ to help you get a license.

BizAttorney :

AZ has different requirements so just show them when your Missouri license was suspended for the second time and how it has been two years since then.

BizAttorney :

That is sufficient suspension time in AZ.

Customer:

Missouri has a clause in the law for people who refuse chemical test to have their licenses suspended for 10 years (the law is under review I am told by my legislator) but for now all I could do is get a judge to make a motion to reinstate my license, but the Dept of Revenue usually denies the request. That is why I am wondering about what I can do in AZ? Does that make sense?

Customer:

Refuse a second time...

BizAttorney :

Yes it does. Arizona does not follow those same Missouri laws. They use their own state's laws.

Customer:

which I did at my attorney's advise...

BizAttorney :

It is a long shot in Missouri, you will have a much greater likelihood to get your license in AZ.

Customer:

So do you think I can apply for a driver's license or at least call DMV to find out if I am eligible in AZ - sounds like it.

BizAttorney :

Yes, call them and tell them the situation. You may need to speak to a supervisor, but they should be able to give you the application that you will need to fill out.

Customer:

What is the law in AZ for those that refuse chemical tests - 1 or even 2 times. Do you know the ARS code number?

BizAttorney :

Once you refuse to take the test, the officer who arrested you will demand that you submit your license. You will, however, get a temporary driving permit that is good for fifteen days. Afterwards, the officer must make a sworn report explaining that he or she had reasonable grounds to believe that you were driving under the influence, that you refused to take the test, and that he or she warned you of the consequences of refusal.

If this is your first refusal, the suspension will last a year. When you have completed ninety, consecutive days of your suspension, you can request a special, ignition-interlock license that – if approved – you would keep for the remainder of the suspension. For second or subsequent refusals within seven years, the suspension will last two years. For more on the ignition-interlock license see, Arizona Revised Statute 28-1401.

When the state suspends your license, it must notify you about the suspension and include forms that you can use to challenge it. To do this, you must request a hearing in writing or online within fifteen days of when the notice was sent. At the hearing, you can discuss whether the arresting officer had reasonable grounds to believe you were driving under the influence, the circumstances of the arrest, your refusal to take the test, and whether you knew the consequences of a refusal. After the hearing, the suspension of your license will either be confirmed or rescinded.

In most situations, if you refuse to take a mandatory blood, breath, or urine test, you cannot be forced to do so. However, the state may administer the test if you are unconscious or dead. You can read more about this and the penalties for refusal in the Arizona Revised Statue 28-1321.

BizAttorney :

That is for Arizona of course, as an example of if you had gotten it there.

Customer:

My understanding is that very few states are a strict as Missouri, but I did not know if other states would issue a driver's license if another state refuses to reinstate your license. Do you have any sense of what AZ has done or would do - short of me calling DMV - which I will do tomorrow.

BizAttorney :

It completely depends. They do not prohibit someone from getting a license in their state though, even if you are prohibited from getting one in another state.

Customer:

So I should contact AZ DMV and ask for the application or form, correct?

Customer:

And talk to a supervisor.

BizAttorney :

Yes, that is correct.

Customer:

Does AZ have an extended period of suspension if you have refused more than one time, or additional penalties for repeat offenders per se?

Customer:

like Missouri has...

BizAttorney :

Only those penalties that I quoted in the statute.

Customer:

So unless there is something I am not seeing here, I should be able to get my license in AZ if I have met all the requirements for treatment, and jail time. Last question, I promise.

Customer:

Correct?

BizAttorney :

Yes, so long as you have met their penalties, then you should be able to get your license.

Customer:

Thank you.

BizAttorney :

You are welcome. Good luck and have a good night! Please leave me feedback before you go.

I will tell you that...the things you have to go through to be an Expert are quite rigorous.

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